State <strong>Environmental</strong> Planning Policy (Sydney Drinking Water Catchment) 2011The site is in the Cabbage Tree Creek catchment and is not part <strong>of</strong> a drinking water catchment. This SEPPdoes not apply to the proposal.Wollongong Local <strong>Environmental</strong> Plan 2006The proposed site is in the Wollongong LGA and is subject to the Wollongong Local <strong>Environmental</strong> Plan 2006(Wollongong LEP). The proposed works will be undertaken in the rail corridor, which is in Zone SP2 –Infrastructure.Development <strong>for</strong> the purposes <strong>of</strong> railways is permissible in Zone SP2 - Infrastructure with consent, under theWollongong LEP.The State <strong>Environmental</strong> Planning Policy Infrastructure 2007 (ISEPP) also allows <strong>for</strong> the proposal to proceedwithout development consent (refer Section 2.2 and Section 2.3 <strong>for</strong> more detail).2.5 Other <strong>NSW</strong> LegislationCrown Lands Act 1989The proposed work will not be undertaken on crown land and the provisions <strong>of</strong> this act are not applicable to theproposal.Electricity Supply Act 1995The Electricity Supply Act 1995 and Electricity Supply (General) Regulation 2001 set out certain notification andprocedural requirements in relation to excavation.Section 63Z provides:(1) A person must not commence to carry out excavation work to which this section applies, orauthorise such excavation work to be commenced, unless the person has first:(a) contacted the designated in<strong>for</strong>mation provider and requested in<strong>for</strong>mation as to the location and type<strong>of</strong> any underground electricity power lines in the vicinity <strong>of</strong> the proposed work, and(b) complied with any reasonable procedures <strong>of</strong> the designated in<strong>for</strong>mation provider as to the manner <strong>of</strong>contacting the designated in<strong>for</strong>mation provider and the in<strong>for</strong>mation to be provided by the person inconnection with the person’s request <strong>for</strong> in<strong>for</strong>mation, and(c) allowed a reasonable period <strong>for</strong> the requested in<strong>for</strong>mation to be provided.Clause 104B <strong>of</strong> the Electricity Supply (General) Regulation 2001 provides:(1) Work <strong>of</strong> the following kind, that is carried out within the distribution district <strong>of</strong> a distribution networkservice provider, is excavation work to which section 63Z <strong>of</strong> the Act applies…(b) excavation that is, or is carried out in connection with, an activity within the meaning <strong>of</strong> Part 5 <strong>of</strong> the<strong>Environmental</strong> Planning and Assessment Act 1979.Consultation with the relevant service provider will occur in accordance with these provisions.Page 16 <strong>of</strong> 67
Heritage Act 1977Section 57(1) <strong>of</strong> the Heritage Act 1977 lists the types <strong>of</strong> activities/works that require approval from the HeritageOffice when working on/in an item/place listed on the State Heritage Register. An application <strong>for</strong> an exemptioncan also be made under some circumstances.The proposed work is to be undertaken in an area where no state heritage items are located and approvalunder the Heritage Act is not required. More in<strong>for</strong>mation about heritage is included in Section 4.6.National Parks and Wildlife Act 1974The excavating, moving or exhibiting <strong>of</strong> Aboriginal objects requires a permit under Section 87 <strong>of</strong> the NationalParks and Wildlife Act 1974 (NPW Act). The harming or desecrating <strong>of</strong> Aboriginal objects or places is an<strong>of</strong>fence under Section 86 <strong>of</strong> the NPW Act. Under Section 90, an Aboriginal heritage impact permit may beissued in relation to a specified Aboriginal object, Aboriginal place, land, activity or person or specified types orclasses <strong>of</strong> Aboriginal objects, Aboriginal places, land, activities or people.There are no Aboriginal objects or places known to occur in the immediate vicinity <strong>of</strong> the site and no knownitems or places will be affected by the proposed work. Further, the likelihood <strong>of</strong> uncovering Aboriginal heritageitems is considered low (refer Section 4.6). Safeguards have been proposed to address circumstances if anunexpected find occurs.All native birds, reptiles, amphibians and mammals, except the dingo, are protected in <strong>NSW</strong> under the NPWAct. The harming <strong>of</strong> protected fauna is prohibited under the NPW Act, but an exemption applies in relation tothings that are essential to the carrying out <strong>of</strong> an activity to which Part 5 <strong>of</strong> the EP&A Act applies and where thedetermining authority has complied with the provisions <strong>of</strong> that part. Potential impacts to fauna are considered inSection 4.4.Protection <strong>of</strong> the Environment Operations Act 1997In accordance with Section 55 <strong>of</strong> the Protection <strong>of</strong> the Environment Operations Act 1997 (POEO Act), RailCorpholds an Environment Protection Licence (EPL), number 12208. The EPL applies to the <strong>NSW</strong> Rail Network asdefined in the <strong>Transport</strong> Administration Act 1988 <strong>for</strong> the purposes <strong>of</strong> ‘railway systems’, which is a scheduledactivity under the POEO Act.Under the provisions <strong>of</strong> the licence, RailCorp is required to seek a modification to the licence <strong>for</strong> certain‘scheduled’ activities. However, the proposed works are not listed as a scheduled activity under the POEO Act,and hence RailCorp is not required to seek a modification to its licence under the POEO Act. Also, the worksassociated with the proposal will be confined to land on which is currently used by the railway. As such, theproposed works can be undertaken without requiring a variation to the EPL. Notwithstanding, the existinglicence requires that the licensee must comply with Section 120 <strong>of</strong> the POEO Act with regard to the pollution <strong>of</strong>waters and must manage dust-generating activities.Contaminated Land Management Act 1997The Act establishes a process <strong>for</strong> investigation and remediation <strong>of</strong> potentially contaminated lands. The Act issupported by a large number <strong>of</strong> guidelines which prescribe various aspects <strong>of</strong> assessment and management <strong>of</strong>contaminated sites.Page 17 <strong>of</strong> 67